司法独立和新闻自由

司法独立与新闻自由是民主社会最弥足珍贵的两大价值。尽管在应然层面,这两大价值是相互促进与统一的,但在现实中,不同的主体依据不同的价值取向在两者之间的选择导致了冲突。本文以促进司法独立与新闻自由的良性互动的应然关系为主旨,首先,界定了新闻自由的内涵并从多个角度探究了新闻自由存在的理论基础;其次,总结了新闻自由在司法领域内行使的法律及理论依据,再次主要以美国的相关司法实践为基础,研究了新闻自由与司法独立之间冲突的表现及发展;最后,本文立足于中国的国情和现状,提供了认定新闻自由不当行使的标准及司法对策。

On the Independence of the Judiciary and the Freedoms of Journalism

The independence of the judiciary and the freedoms of journalism are among the highest values of a democratic society. In theory, they should coordinate and promote mutually. However, in practice, conflicts often arise while different people put different emphasis upon the two values. Based on the logic that both the independence of the judiciary and the freedoms of journalism should be promoted, this article delineates in the first place the notion of the freedoms of journalism and the theoretical foundation for their existence. Then the article sums up the legal and logical rationale as to why freedom of the press can play its role in the judicial areas. Judiciary experiences in the USA are employed to illustrate the conflicts between the independence of the judiciary and the freedoms of journalism. Finally, based on China's practical situation, the criteria for judging the eligibility of the freedoms of journalism and the measures that the judiciary should take are afforded.